12 2 STA T .95 1 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8base a cr es unl ess th ec om mo di t y, i fp lanted, is destroyed before har v est .(2)TREATM E N T OF TREE S AN D OT H ER P ERENN I A L S. — The plantin g of an agricultural commodity specified in paragraph ( 3 ) that is produced on a tree or other perennial plant shall be prohibited on base acres. (3) C O V ERED A G RI CU LTURAL COMMODITIES.— P aragraphs ( 1 ) and (2) apply to the follo w ing agricultural commodities
( A ) F ruits. ( B ) V egetables (other than mung beans and pulse crops). (C) W ild rice. (c) EX CEPTIONS.—Paragraphs (1) and (2) of subsection (b) shall not limit the planting of an agricultural commodity specified in paragraph (3) of that subsection— (1) in any region in which there is a history of double - cropping of covered commodities with agricultural commodities specified in subsection (b)(3), as determined by the S ecretary, in which case the double-cropping shall be permitted
(2) on a farm that the Secretary determines has a history of planting agricultural commodities specified in subsection (b)(3) on base acres, e x cept that direct payments and counter- cyclical payments shall be reduced by an acre for each acre planted to such an agricultural commodity; or (3) by the producers on a farm that the Secretary deter- mines has an established planting history of a specific agricul- tural commodity specified in subsection (b)(3), except that— (A) the q uantity planted may not exceed the average annual planting history of such agricultural commodity by the producers on the farm in the 1 9 91 through 199 5 or 199 8 through 2 0 01 crop years (excluding any crop year in which no plantings were made), as determined by the Secretary; and (B) direct payments and counter-cyclical payments shall be reduced by an acre for each acre planted to such agricultural commodity. (d) PLANTING TRANSFERA B ILIT Y PILOT PRO J ECT.— (1) PILOT PROJECT AUTHORI Z ED.— N otwithstanding para- graphs (1) and (2) of subsection (b) and in addition to the exceptions provided in subsection (c), the Secretary shall carry out a pilot pro j ect to permit the planting of cucumbers, green peas, lima beans, pump k ins, snap beans, sweet corn, and toma- toes grown for processing on base acres during each of the 2009 through 2012 crop years. (2) PILOT PROJECT STATES AND ACRES.—The number of base acres eligible during each crop year for the pilot project under paragraph (1) shall be— (A) 9,000 acres in the State of I llinois; (B) 9,000 acres in the State of Indiana; (C) 1,000 acres in the State of Iowa; ( D ) 9,000 acres in the State of M ichigan; (E) 3 4 ,000 acres in the State of Minnesota; (F) 4,000 acres in the State of O hio; and ( G ) 9,000 acres in the State of Wisconsin. (3) CONTRACT AND MANAGEMENT RE Q UIREMENTS.—To be eligible for selection to participate in the pilot project, the producers on a farm shall—
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